Recreational In-Channel Diversion Rules ‎(2)‎

• Description: RICD Legislation - SB 37
• State: CO
• Date: 1/1/3000
• Title: Recreational In-Channel Diversion Rules
• Water Supply Pro - Doc Type: Report/Study

iii. The proximity of the RICD to suitable upstream points of diversion or storage
which may be utilized by those who would place the water to consumptive
beneficial use;
iv. The existence of suitable downstream points of diversion or storage for
consumptive beneficial uses before the water leaves the state;
V. Exchange opportunities within the state that may be adversely impacted by the
existence of the RICD;
vi. Whether the basin is over - appropriated;
vii. The effect on other decreed, existing undecreed, or reasonably foreseeable uses of
the amount of water claimed;
viii. Whether a RICD shields waters from a consumptive use that would otherwise be
available under a particular compact;
ix. Whether beneficial consumptive water use opportunities upstream from the
claimed RICD would further develop Colorado's compact entitlements and would
be impaired by applicant's sought for stream flow amounts; and,
X. What provisions in the application are proposed for reducing or canceling the
RICD?
b. Whether the exercise of the RICD would cause material injury to existing ISF water
rights. The board, in making this finding, may consider, but is not limited to, the
following:
i. The nature and extent of the ISF in the proposed reach or any affected
downstream reach;
ii. The timing and duration of the RICD as such may relate to the specific natural
environment for which the ISF was decreed;
iii. Whether the RICD, or administration of the RICD, would negatively impact the
natural environment for which the ISF was decreed; and,
iv. Whether during the construction of the RICD structures, the construction may
cause material injury to the ISF or the natural environment for which the ISF was
decreed.
c. Whether the adjudication and administration of the RICD, in the amounts claimed, would
promote— maximum utilization of the waters of the State. The board, in making this
finding, may consider, but is not limited to, the following:
i. Whether there are any probable future upstream junior appropriations for direct
diversion or storage;
ii. Whether there are any probable future changes, transfers, or exchanges of water
rights from points of diversion downstream of the reach affected by the RICD to
points upstream of or in the reach affected by the RICD;
iii. Whether existing federal policies, regulations and laws affect or will be affected
by the RICD;
iv. Whether a reasonable and efficient means is to be utilized to use, divert, capture
and control the water for a RICD so as to minimize its call upon the river and
avoid waste;
V. Whether a reasonable demand exists for the recreational activity in question as
determined by levels of current use and/or estimates of future use;
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